What does this regulate?
01 · UNDERSTAND
A pacte adjoint records the existence and arrangements regarding an already performed bank gift. The document must correspond with the actual transfer made and the correct order of actions.
We therefore prefer to discuss before the transfer what you wish to gift and which arrangements you desire. If the money has already been transferred, we first examine the actual facts and available evidence. We do not create documents with an incorrect date or a fictitious background.
A RECOGNISABLE SITUATION
You want to help a child with the purchase of a property and provide for a return in case of predeceasing. We discuss before the payment whether the desired arrangements can be organised in this way.
What requires attention?
02 · CHOOSE CONSCIOUSLY
A pacte adjoint is not a replacement for a notarial deed of gift when the desired gift requires that form. Registration and the tax consequences of an unregistered gift must be assessed separately according to the date and applicable region.
Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.
More points to consider for your own situation
03 · YOUR INTENTION
You do not need to be able to answer all this in advance. Your doubts are also a good starting point.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
Has the money already been transferred, and if so, when exactly?
Keep the bank statement and note the exact date, the amount and the communication. If nothing has yet been transferred, first present your intention. This allows the documents to correspond with what actually happens.
Do you want to gift or expect repayment?
Write in one sentence whether the money is definitively given or must be returned. In case of repayment, we must examine arrangements about a loan.
Which conditions were agreed beforehand?
Collect messages and documents from before the transfer. Distinguish between what was agreed then and what you only now consider. Do not add an earlier date or a retroactively devised agreement yourself.
Must the gift later be settled with the inheritance share?
Note whether you intend the gift as an advance on the later inheritance or as an extra benefit. Mention other children and previous gifts, so that we can consider the consequences together.
Do you want to have it registered and do you understand the consequences of that choice?
Note the date and amount of the gift and the fiscal domicile of the donor. Ask to have the costs and consequences of registration set alongside those of non-registration before you decide.
What do we need, and why?
04 · PREPARATION
Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.
Identity and contact details
To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.
Bank evidence with date, amount and account holders
To establish the actual transfer.
Prior correspondence and arrangements
To investigate intention and timing.
Details of donor, donee and fiscal domicile
To determine the parties and applicable fiscal points of reference.
Previous gift documents
To place the new gift in its family context.
Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.
What does NotaLegal do for you?
05 · GUIDANCE
We assess the chosen approach, prepare an appropriate proof document and explain which steps are necessary for signing, safekeeping and possible registration.
You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.
Know in advance what to expect.
06 · FEES
You want to know in advance what to expect. That is why we clearly and transparently discuss what work your file requires and what fee applies. We take into account the nature and complexity of your question, the documents to be examined and the time a careful handling requires.
We determine in advance which documents are necessary and explain any additional document costs. If a notarial deed is required, we first discuss the adjusted assignment and costs. When the law requires a notarial deed, a private agreement does not suffice.
Read more
Substantive background: Flemish Tax Administration · Proof of a bank gift (SP 22018) · Vlaanderen.be · Registration of a gift
General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.